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HomeMy WebLinkAboutC23-055 Community Office for Resource Efficiency (CORE) AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND COMMUNITY OFFICE FOR RESOURCE EFFICIENCY THIS AGREEMENT (“Agreement”) is effective as of ___________________ by and between Community Office for Resource Efficiency a Colorado non-profit corporation (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Eagle County’s Strategic Plan includes a vision to provide regional leadership on climate protection and reduction of community greenhouse gas (GHG)emissions; and WHEREAS, in 2016 Eagle County contracted with Consultant to engage over 30 stakeholders representing local governments, businesses, schools, and nonprofits from throughout Eagle County in the creation of a community-wide Climate Action Plan (CAP) to help guide GHG reductions in the future; and WHEREAS, in 2017 Eagle County contracted with a consultant to develop the Climate Action Collaborative (CAC) to implement the CAP, and achieve the goals for the benefit of the Eagle County community by engaging local governments, businesses, and nonprofits in working groups focused on GHG reduction from energy supply, buildings, transportation, and waste; and WHEREAS, on April 27, 2021, the Board of County Commissioners for Eagle County approved and signed Resolution No. 2021-023, which adopts the Climate Action Plan, Update 2020, which sets shared community goals to reduce GHG emissions 25% by 2025, 50% by 2030, 70% by 2045, and 80% reduction by 2050 (baseline 2014), provides revised priorities for climate actions, and endeavors to meet the goals through ongoing Eagle County initiatives, integration with Eagle County and community plans, and through promotion of and participation in community actions that reduce GHG emissions; and WHEREAS, County desires to retain Consultant to administer the Energy Smart Colorado program to assist residents of Eagle County in the Roaring Fork Valley with building energy improvements and GHG reduction, and to perform certain services in connection with these programs as more fully set forth below in Exhibit A, Scope of Work; and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection with the Services. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 2/21/2023 2 Eagle County Prof Services Final 8/15/2022 AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and County agree as follows: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than December 31, 2023 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County’s Representative. The Resiliency Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of December, 2023. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 3 Eagle County Prof Services Final 8/15/2022 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $140,000. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Consultant was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Consultant shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. d. County will not withhold any taxes from monies paid to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or additional services without County’s prior written consent, which may be withheld in County’s sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 4 Eagle County Prof Services Final 8/15/2022 obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 5 Eagle County Prof Services Final 8/15/2022 iv. Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new certificate of insurance showing such coverage. ix. If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 6 Eagle County Prof Services Final 8/15/2022 of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant (including any employee or subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: John Gitchell, Climate Action Manager 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8766 E-Mail: john.gitchell@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONSULTANT: Community Office for Resource Efficiency (CORE) Attention: Ryland French, Senior Director of Regional Climate Strategy 111 Aspen Airport Business Center, Suite M PO Box 9707 DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 7 Eagle County Prof Services Final 8/15/2022 Aspen, CO 81612 Telephone: 970-925-9775 x1001 E-Mail: ryland@aspencore.org 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. 12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 8 Eagle County Prof Services Final 8/15/2022 the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County. d. Consultant represents and warrants that at all times in the performance of the Services, Consultant shall comply with any and all applicable laws, codes, rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 9 Eagle County Prof Services Final 8/15/2022 or degree with the performance of the Services and Consultant shall not employ any person having such known interests. 16. Data Security. a. Definitions: i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services; and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement. iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of County Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify County of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy County’s legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 10 Eagle County Prof Services Final 8/15/2022 v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any County Data upon request from the County Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager CONSULTANT Ryland French, Sr Dir of Regional Climate Strategy By: _____________________________________ Print Name: ______________________________ Title: ___________________________________ DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 Senior Director of Regional Climate Action Ryland French 11 Eagle County Prof Services Final 8/15/2022 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 Exhibit A 2023 Scope of Work for Eagle County Community Office for Resource Efficiency (CORE) CORE’s Energy Programs serve individual residents, multifamily housing residents, and commercial building owners and operators located in the Roaring Fork Valley (“RFV”) portion of Eagle County. Energy advising and financial incentives are provided to the community by CORE to influence the completion of projects that improve how energy is used in buildings. Project types include energy efficiency, onsite renewable energy, and beneficial electrification. The overall intention of this work is to reduce community greenhouse gas emissions, and to create replicable models for such. Secondary benefits include improving buildings’ comfort, health, safety, reliability and longevity, while making utility bills lower and/or more predictable. Grants and rebates for highly impactful projects with large greenhouse gas emissions reductions will be a focus for CORE in 2023, taking priority over other rebates and assessments in funding, staff time, and marketing efforts. Eagle County’s strategic goal for climate protection is to reduce community GHG emissions each year by 5% (or 75,000 tons) to meet the Climate Action Plan goal of 50% reduction by 2030 (baseline 2014). In 2022 and 2023, the county’s primary strategy for achieving the goal is through electrification of buildings and vehicles for the benefit of low and middle income residents. In support of this goal and strategy in 2022, CORE will provide the following services to Eagle County residents located in the Roaring Fork Valley through its Grants program, and the Energy Smart Colorado program which serves as a foundation and platform for managing and reporting on all CORE programs. The GHG reduction target for CORE Energy Programs in 2023 is 150 mT CO2e. 2023 Funding for CORE programs within the RFV portion of Eagle County Total Funding from Eagle County: $140,000 ● Grants, Rebates and Energy Assessments: $113,000 ● Outreach, Engagement, Marketing, Planning, Advising and Consulting: $11,600 ● Indirect/Administration $15,400 Payments from Eagle County During the term of this Agreement, Eagle County shall advance an amount not to exceed one hundred thousand dollars ($100,000) to Consultant for disbursement to third parties as described herein. These Funds shall be provided by County to Consultant as follows: a. Upon execution of this Agreement County shall advance one hundred thousand dollars ($100,000) to Consultant (the “First Distribution”). b. At such time as the First Distribution has been or will within thirty (30) days be expended for the purposes authorized herein, then Contractor shall provide a written notice of the same to the County. Upon receipt of such notice, County and Consultant shall discuss and mutually agree upon the amount of the next distribution or distributions to Consultant which shall not exceed forty thousand dollars ($40,000). DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 The distribution of the remaining funds by County to Consultant may occur in one or more distributions to Consultant and shall be documented in writing by the parties. c. Consultant shall deposit all funds delivered by County to Consultant in an account with a bank that is federally insured. CORE 2023 Energy Programs Plan for the RFV Portion of Eagle County Community Priority Participants Participant types that represent an increased importance in the community will receive larger grants and rebates. These are known as “Community Priority Participants” and are the following. ● Childcare facilities and staff ○ Qualification ■ Facilities: case by case basis ■ Staff: a recent pay stub ● School facilities and staff ○ Qualification ■ Facilities: case by case basis ■ Staff: a recent pay stub ● Nonprofits ○ Qualification: case by case basis ● Veterans or Active Military ○ Qualification: Driver’s license or Military ID ● First responders ○ Qualification: A recent pay stub ● Workforce housing residents and multifamily buildings ○ An individual home/condo with an enforceable commitment to house workforce for employers within the county. ○ A multifamily building with an enforceable commitment for 50% or more of units to house workforce for employers within the county. ○ Qualification on a case by case basis ● Income qualified residents and multifamily buildings ○ An individual home/condo occupied by residents with an income of 150% of county AMI or lower.* ○ A multifamily building with 50% or more of units occupied by residents with an income of 150% of county AMI or lower.* ○ Qualification on a case by case basis *Income reported to CORE in a signed statement from the residents’ employer(s), or through the most recent year tax return for self-employed individuals. Grants A single grant program will be available to workforce housing and income qualified multifamily properties. Grant Funding Budget ● The total value of 2023 program funding awarded to grants within Eagle County will not exceed $75,000 in 2023. The total combined 2023 program funding spent on assessments, rebates and grants within Eagle County will not exceed $113,000. ○ Additional program funding from the Town of Basalt is not factored into the limits listed. The limits listed may be increased by additional funding from the DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 Town of Basalt. ○ There is no minimum for the total funding awarded in any given quarter. ○ The maximum total 2023 program funding awarded to grants in a quarter is as follows. ■ Q1: $20,000 ■ Q2: $20,000 ■ Q3: $20,000 ■ Q4: $50,000 Grant Types ● Project Design Grants ● Project Implementation Grants Project Types ● Project types generally fall within the rebate project types described elsewhere in this document. ● Other project types may be considered. Examples could include: ○ Solar thermal ○ Windows ○ Proactive electric panel upgrades to prepare for electrification in the future ○ New construction Grant Applications, Evaluation and Awards ● Grants will be awarded at the end of each quarter ● Applications will be received on a rolling basis throughout the year ● Eagle County staff may choose to participate in the grant evaluation and award process ● Applications will be evaluated based on the following criteria and scoring. The higher an application’s score, the more likely a grant will be awarded and the more likely it will be awarded at the amount requested. ○ Commitment and ability for the applicant to ultimately complete the project ■ Scoring: 0, 1 or 2 ○ Greenhouse gas emissions reduction ■ Scoring: 0, 1, 3 or 5 ○ Potential for replication ■ Scoring: 0, 1 or 2 ○ Influence a CORE grant would have on the project moving forward or not ■ Scoring: 0, 1 or 2 ● $25,000 of 2023 program funding is the maximum amount that will be awarded to any single grant. ○ Applicants may apply for CORE grant amounts larger than $25,000. ○ The CORE staff and board may choose to award grants larger than $25,000 by pulling from CORE’s financial reserve, based on an applications’ grant criteria scoring. ■ CORE staff will seek approval from the CORE board for grant approval above $50,000. ● Applicants that are not awarded a grant based on their criteria score are allowed to DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 apply in future quarters and years for the same project. ● Applicants that are not awarded a grant based on the limited grant funding may be encouraged to apply in future quarters for the same project. Grant Amounts ● The percentage of project costs awarded through grants will not be strictly defined in this plan. Rather, CORE staff will award grant amounts through a competitive evaluation process based on the criteria listed above. ● CORE staff will assist participants to identify utility, federal, or state tax credits, rebates and grants the participant may receive. Those outside incentives will be factored into CORE’s competitive evaluation process. Grant Funding Sources ● Funding from Eagle County will be used for grants within the RFV portion of Eagle County. Rebates There will be three rebate programs, one for Individual Residential Rebates, a second for Multifamily Housing Rebates, and a third for Commercial Rebates. ● CORE rebates will closely align with Holy Cross Energy rebates to make it easy for CORE participants who receive their electricity from Holy Cross Energy to understand the total rebate funding available between the two. ● Individual Residential Rebates ○ All participants will have a calendar year limit of $15,000 of rebates per participant. ○ Community Priority Participants ■ 50% of project cost, up to $10,000 per project. ○ All other participants ■ 25% of project cost, up to $5,000 per project. ● Commercial Rebates & Multifamily Housing Rebates ○ All participants will have a calendar year limit of $30,000 of rebates per participant. ○ Community Priority Participants ■ 50% of project cost, up to $15,000 per project. ○ All other participants ■ 25% of project cost, up to $7,500 per project. ● CORE staff will assist participants to identify utility, federal, or state tax credits, rebates and grants the participant may receive. Those outside incentives do not change CORE rebate amounts, so long as the total combined incentives do not exceed 100% of project cost. Rebate Funding Sources and Amounts ● Any aspect of CORE rebates may be changed at any time, while CORE staff will attempt to make changes at the start of a new quarter. ● Once a maximum total rebate budget has been met for a quarter, future rebate applications received in the remainder of that quarter will be moved to the next quarter. ● Funding from Eagle County will be used for rebates within the RFV portion of Eagle County. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 ○ The total value of 2023 program funding awarded for rebates within Eagle County will not exceed $75,000 in 2023. The total combined 2023 program funding spent on assessments, rebates and grants within Eagle County will not exceed $113,000. ■ There is no minimum for the total funding spent on rebates in any given quarter. ■ The maximum total 2023 program funding awarded in a quarter is as follows. ● Q1: $20,000 ● Q2: $20,000 ● Q3: $20,000 ● Q4: $50,000 Rebate Project Types, Criteria and Stipulations ● Any aspect of CORE rebates may be changed at any time, while CORE staff will attempt to make changes at the start of a new quarter. Rebates are subject to change and/or discontinuation without notice. Funding is limited. Applications will be accepted on a first come, first served basis. ● Rebates are only for eligible projects within existing buildings. ● Total project cost definition ○ Total project cost is considered to be all reasonable* costs associated with an eligible project. Tax, travel, mileage and permit expenses may be considered to be included in the project total cost, at CORE staff’s discretion. ■ For example, drywall and painting costs associated with replacing baseboard heat with a wall-hung heat pump would be included in the total project cost. *At CORE staff’s discretion ○ Panel upgrade costs as part of projects are considered to be a cost included within the electrification or efficiency project; the panel cost is not considered a separate project. ● For permitted projects, all rebates are only for the project scope and costs beyond the code requirements. For example a 3kW solar installation for a project with a REMP requirement for 2kW is eligible for a CORE rebate on the 1kW of above-code solar. ● Detailed invoices and receipts for purchases and work performed must be furnished. ● Rebate application and associated receipts and invoices must be received no later than 90 days from date of purchase or documented completion of project. ● Rebate checks will be distributed within 4-6 weeks of receiving the completed rebate application. ● Rebated equipment must be installed prior to applying for a rebate. CORE reserves the right to inspect the installation premises. ● CORE is not liable or responsible for any act or omission of any party, consumer, or contractor whatsoever. ● CORE reserves the right to refuse payment and participation if the consumer or contractor violates program rules and procedures. ● CORE is not liable for rebates promised to consumers because of a contractor misrepresenting the program. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 ● Equipment must meet the technical requirements listed in the application forms. CORE reserves the right to withhold payment for products that do not meet the requirements. ● Rebates will be awarded based on fair and reasonable price of equipment and labor. CORE reserves the right to adjust rebate based on a price that is commensurate with the extent and complexity of the services/equipment to be provided and is comparable to the price paid by entities for projects of similar scope and complexity. ● Gas/Electric utility account(s) name and number and consent form to provide CORE with usage data for 12 months back and continuously ongoing into the future is required. ● Colorado state regulation requires proper disposal of mercury containing lamps (HIDs, all linear and u-bend fluorescents, CFLs, 2- 4-pin CFLs, and circular fluorescent, as an example). ● Rebates may be assigned to the contractor completing the project, and this credit must be shown on the invoice. ● Multifamily housing is defined as 4 or more housing units contained within a single building. ● Project types below apply to Individual Residential Rebates, Multifamily Housing Rebates, and Commercial Rebates unless otherwise specified. ● Mechanical (Heating, Cooling, Water Heating, Ventilation, Refrigeration, Electrical, Pumps) ○ Electrification ■ Heat pump space heating and cooling ● Criteria ○ Must be used for space heating, and must be the primary heating source. May be used for space cooling. ○ Outside unit must be elevated at least 12 inches off the ground to defrost properly ○ Recommended: load calculation to right size heat pump system and derate for high elevation ○ Unit must be rated for cold climate (-5° or lower heating capability) ● Project types ○ Air, Water, or Ground Source Heat Pump (heating and cooling) ■ Ducted heat pump ● HSPF2 - 8.1 or higher ● COP @ 5° = 1.75 or higher ■ Ductless mini-split heat pump ● HSPF2 - 9.5 or higher ● COP @ 5° = 1.75 or higher ○ Variable Refrigerant Flow (VRF) ■ EER 10 or higher ■ COP 2 or higher ■ Heat pump water heating DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 ● Energy-Star certified with heat pump technology ● https://www.energystar.gov/productfinder/product/certified-water- heaters/results ■ Electrical capacity upgrade associated with completed electrification project ○ Ventilation systems ■ Project types ● Replacing an existing natural-gas-heated ventilation system with a heat-recovery or heat pump ventilation system ● Adding a heat-recovery or heat pump ventilation system to a building without a current ventilation system. ■ Criteria ● Building must be at or below 0.35 Natural Air Changes per Hour (NACH); if not, air sealing must be done before or in conjunction with ventilation project ● Equipment must be labeled Energy Star ○ Tune-ups and Re-commissioning ■ Project types ● All heating systems are eligible ● Other mechanical systems ● Solar PV and solar thermal ● Contractor's Report must be provided with rebate application ● Proof of implementing the contractor’s recommended adjustments is required ○ Variable Frequency Drive (VFD), Electronically Commutated Motor (ECM), or Variable Speed Motor ■ Project types ● Replace any single-speed motor or pump ■ Criteria ● Applications include heating, cooling, ventilation, and refrigeration ● Heating and water distribution systems heated by natural gas are eligible ○ Data management equipment and cooling ■ Energy Star labeled ○ Duct insulation and air sealing ■ Repair any damaged and disconnected ducts and straighten out flexible ducts that are tangled or crushed ■ Seal all leaks and connections with mastic, metal tape, or an aerosol- based sealant ■ Seal all registers and grills tightly to the ducts ■ Before and after CFM measurements for ducts required ■ Insulate ducts to R-6 or higher in unconditioned areas (attics/crawlspaces/garages) DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 ■ Recommended: evaluate your system's supply & return air balance, to ensure air return ducts are not too small ■ Recommended: replace filters at completion of any duct system improvement ■ Recommended: if you have natural gas appliances, ensure there is no back drafting by getting a CAZ (combustion appliance zone) safety test after ducts are sealed ○ Pipe insulation ○ Smart (Wi -Fi Enabled) or Programmable Thermostats ○ Advanced control systems ■ Space heating and cooling ■ Water heating ■ Ventilation (space and cooking) ■ Refrigeration ■ Heat Tape Timer ● Timer must be hardwired ● Timer is the equipment that will be rebated; project cost may not include new or replacement heat tape ● Lighting ○ Commercial and Multifamily only ■ Replace non-LED bulbs with qualifying LED fixtures or bulbs ● Minimum of 30% wattage reduction required ● All fixtures or LED bulbs must be Energy Star labeled or Design Lights Consortium (DLC) certified ■ Controls ● Solar PV ○ $250 for the first 6 kW, $100 per kW after that, up to 25 kW total ■ Ex: 25 kW solar system. ● $250 x 6 = $1,500 ● $100 x 19 = $1,900 ● Total: $3,400 ○ The certifying installer must hold a current North American Board of Energy Practitioners (NABCEP) certification in PV ○ For your rebate application to be considered complete, we must receive a PV Watts Report – an online tool to help estimate the system’s annual production ● Appliances and refrigeration ○ Heat pump clothes dryers ■ Energy-Star certified dryer with heat pump technology ● https://www.energystar.gov/productfinder/product/certified- clothes-dryers/results ○ Induction cooktop ■ Individual Residential and Multifamily Housing ● Replacing natural gas only. No rebate for switching from electric resistance. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 ■ Commercial ● Replacing natural gas or electric resistance. ○ Commercial Appliances and Refrigeration ■ Energy Star labeled ● Electric cookware ● Ice machines ● Refrigeration ○ Walk in and reach in ● Freezers ○ Walk in and reach in ● Building envelope ○ Major insulation improvements ■ Energy assessment required before project is started ■ Air sealing must be completed prior to adding insulation unless Natural Air Changes per Hour (NACH) is 0.35 or lower. If lower, a mechanical ventilation system must be in place. ■ Must reach the following R-values/details: ● Exterior Wall: Insulate exterior/foundation walls to minimum R-19 ● Attic: Insulate floor of unfinished attic to minimum R-60 ● Floor: Insulate floor of living space above garage/unconditioned crawlspace to min R-30 ● Crawlspace wall: to minimum R-19 ○ Major air sealing improvements ■ Energy assessment required before project is started ■ Post-project blower door test required ● Air leakage must be reduced by 10% or more as measured in CFM50 by blower door test ● Post-project Natural Air Changes per Hour (NACH) must not be lower than 0.35. If lower, a mechanical ventilation system must be in place. ● Custom ○ Custom rebates will be considered for projects that do not fall within the categories above, and are not large enough for a grant. Custom rebates may be awarded at a lower % and total $ amount, at the discretion of CORE staff. ○ Not advertised, but examples could include: ■ Windows ■ Insulating blinds ■ Solar Thermal ■ Electrification of commercial lawn and maintenance equipment fleets (leaf blowers etc.) ■ Residential refrigerator replacements with a simply proven savings estimate over 50% (old fridges). Require proof of proper destruction of the existing refrigerator. No reuse, reselling, or donating. DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 Energy Assessments Commercial and multifamily energy assessments are conducted and reports are provided to identify opportunities to improve how buildings use energy. ● For a fee, CORE staff will provide a Level 1 commercial energy assessment and associated report, and participants will be advised on next steps. ○ Community Priority Participants will receive discounted commercial/multifamily energy assessments from CORE staff. ● Commercial and multifamily participants and CORE staff may identify a need for an advanced commercial energy assessment and associated reports through a paid contractor. To offset the assessment cost incurred by the participant, CORE may guide the participant to apply for a Project Design Grant. Residential energy assessments include a visit to the home by a trained energy analyst, installation of quick fix items, and a report to the participant identifying actions that can be taken to improve how the home/apartment uses energy, followed by CORE energy advising on next steps. Community Priority Participants will receive free residential energy assessments. All other participants will pay a $100 fee directly to the energy analyst. The overall intention of assessments is to drive participation in CORE’s grant and rebate programs. As such, assessments will play a key role for participants that CORE staff identify as ideal candidates, while not all participants will start with an assessment if CORE staff do not deem an assessment necessary to moving the participant forward with a grant or rebate project. Similarly, only weatherization (insulation and air sealing) projects will require an energy assessment in order to be eligible for a rebate. Assessment Budgets ● There is no minimum or maximum cost spent on assessments in any given quarter. ● The total combined 2023 program funding spent on assessments, rebates and grants within Eagle County will not exceed $113,000. Metrics: ● Ratio of assessments converted to grant or rebate projects. ● Energy savings from quick fixes during assessments Outreach & Engagement These services provide an array of marketing, outreach and engagement components for effectively garnering leads for CORE programs. Leads will be channeled to CORE’s Planning, Advising, Consulting services described below. The overall intention of this work is to drive participation in CORE’s grant, rebate and assessment programs. Marketing for CORE’s assessment and wide-scale rebate programs will be deemphasized in 2023, in accordance with the focus on grants and rebates for highly impactful projects. As such, outreach and engagement efforts will be targeted toward potential participants with the potential for highly impactful projects. Marketing the replicable successes of past CORE participants through storytelling and case studies will be emphasized in 2023. Developments regarding benefits of the Inflation Reduction Act (IRA) and similar government programs that may apply to community members for energy efficiency and electrification projects in the future will be included in CORE’s outreach and engagement. Planning, Advising, Consulting Through CORE’s energy concierge service, these services provide participants with on- going engagement, customer service and expert guidance in order to participate in DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 CORE’s energy programs, and other energy programs outside of CORE, such as completing projects to receive federal and state tax credits. CORE staff will identify and recommend opportunities for participants, and guide them to complete projects and receive financial assistance. ● Services include: ○ CORE’s participation as a stakeholder on the design of large building projects in the community. ○ Phone, email, text, web-based and in person consultation to guide participants to: ■ Sign up for energy assessments ■ Interpret results of energy assessments ■ Choose among potential energy projects ■ Purchase equipment and coordinate installation for basic energy projects ■ Coordinate among engineers and contractors to scope more complex energy projects ■ Understand and evaluate costs and multiple benefits of energy projects ■ Secure rebates, grants and tax incentives for energy projects Metrics: ● Number of contacts engaged by CORE’s Energy Concierge or CORE’s Energy Manager. ● Ratio of leads converted into energy projects completed in 2023 or awarded a CORE grant in 2023 for a future year. ● Ratio of leads converted into energy assessments ● Post-project evaluation of effectiveness ● Ongoing program evaluation of effectiveness ● Case studies from noteworthy projects and programs Program Timeline & Reporting Activities to be performed and reported on quarterly for each quarter. ● Promote CORE’s grant and rebate programs, through targeted marketing and outreach. ● Directly contact targeted potential participants and “gate keepers” including: ○ Previous CORE participants ○ New participants ○ Developers ○ General contractors ○ Property managers ○ Housing authorities ○ Community groups ○ Educational and childcare administrators ○ Large building owners DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 ○ Large building operators ● Advise participants via phone, email, text, web-based and in person consultation ● Submit quarterly reports including: ○ CORE’s participation as a stakeholder on the design of large building projects in the community. ○ Number of contacts engaged by CORE’s Energy Concierge or CORE’s Energy Manager. ○ Ratio of leads converted into rebates or grants awarded ○ Ratio of leads converted into energy assessments ○ Energy assessments performed ○ Ratio of assessments converted to grant or rebate projects. ○ Energy savings from quick fixes during assessments ○ Rebates awarded and estimated energy savings ○ Grants awarded and estimated energy savings ○ Case studies generated from noteworthy projects and programs ○ Summary of activities and outcomes associated with Planning, Advising and Consulting ○ Summary of activities and outcomes associated with services and Outreach and Engagement services. Year-End Reports ● Cumulative summary detailing greenhouse gas savings from programs. ● Evaluation of: ○ Overall programs ○ Grant program ○ Rebate programs ○ Energy assessment programs ○ Outreach and engagement ○ Planning, Advising and Consulting DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 12 Eagle County Prof Services Final 8/15/2022 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/15/2023 (970) 384-8339 (970) 945-6027 18058 Community Office for Resource Efficiency PO BOX 2449 Basalt, CO 81621 41190 A 1,000,000 X PHPK2375117 3/21/2022 3/21/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000A PHPK2375117 3/21/2022 3/21/2023 B 4112735 4/1/2022 9/30/2022 500,000 500,000 500,000 A Professional / Error PHPK2375117 3/21/2022 A Property PHPK2375117 3/21/2022 3/21/2023 Certificate Holder is listed as Additional Insured in regards to the Ongoing Operations of the Insured for General Liability. Eagle County Government PO Box 179 Eagle, CO 81631 COMMOFF-01 ADEPAZ GIA Group, LLC 1605 Grand Avenue Suite K Glenwood Springs, CO 81601 Leila White leila.white@glenwoodins.com Philadelphia Insurance Companies Pinnacol Assurance 2 X 3/21/2023 X X X X X X DocuSign Envelope ID: 14DB5148-43B5-4830-82C2-A3A8A0A919F3